Your Guide to Selling a House During a Divorce

Selling a house during a divorce can be a confusing time, as well as emotionally, financially and legally overwhelming. Being well-informed from the start can help you navigate the process much more smoothly and keep things as fair and amicable as possible throughout.

In this guide, our property selling experts will walk you through every step of how to sell a house during a divorce. From understanding if you can sell your house before divorce, to knowing how long you have to sell a house after divorce, our expert advice and insights are designed to put you in control during this difficult time.

Get a free valuation on your home

Do I Have to Sell My House in a Divorce?

First things first, if you don’t want to sell your house due to divorce, you’ll want to know if you really have to. This depends on a number of factors, including sole or joint ownership, prenuptial agreements, court orders and personal financial situation.

Here, our experts share insight into whether you may have to sell your house in a divorce or not.

Sole ownership

• If your house is registered in your name solely, you do not have to sell your house in a divorce – unless you want to and agree to doing so, or if there is a court order in place.
• If your house is registered in your spouse’s name solely, you still have the right to live in the property as their spouse, but you should consider registering Matrimonial Home Rights to cover yourself. You’ll need your title number to register and start this process, so it is worth locating this first before enquiring. If your spouse decides they want to sell, you will be notified first (the sale cannot proceed without your knowledge).

Joint ownership

• If you and your spouse own your house jointly, you both have the right to remain living there. This right remains unless there is a court order to say otherwise, which specifically outlines who is permitted to live in the home.It’s important to understand that if either you or your spouse temporarily leave the home for any reason during the divorce process, you are still entitled to return at any time (providing that the property is jointly owned and there is no court order restricting access).

What are the Other Factors Determining Whether You Have to Sell or Not?

Regardless of whether you’re joint owners or there’s a sole owner, other important factors can influence whether a sale during a divorce is necessary. These include:

• Prenuptial agreements
  If you signed up to a prenuptial agreement, this could influence whether you need to sell or not, although ultimately it will be up to the court to decide whether to uphold this or not given your personal circumstances.
• Court orders
  For times when you and your spouse cannot agree on the selling of the property during a divorce, the courts can step in and make an order as part of your divorce settlement. This could involve anything from transferral of ownership, to ordering a sale or postponing the sale to meet the needs of your children; if you do have children, the court’s primary concern will be their welfare and ensuring they have somewhere stable to live.
• Financial settlement
  Dividing finances and assets is a key part of divorce proceedings. The house may need to be sold to release equity and fairly divide assets. If one spouse can afford to, there is the opportunity to ‘buy out’ the other spouse and take full ownership of the property; once the price has been agreed and the necessary funds are in place to purchase your spouse’s share of the property, the next step is to complete and submit the requisite TR1 form (to transfer ownership legally).Alternatively, you could use a mesher order, which means that the sale will be delayed until a certain agreed event, such as the youngest child turning 18 or the remarriage or death of one of the spouses.
• Financial situation and affordability
  If your house has a joint mortgage, both spouses have legal obligations to cover the repayments. This is still the case if one moves out. If financially possible, taking on the mortgage alone is an option, and will determine whether it is feasible to keep the property or whether you may need to sell during your divorce.

How Can I Avoid Selling my House in a Divorce?

A property is usually the most valuable asset a couple shares, both financially and emotionally. If you want to avoid selling your house due to divorce, you do have options to consider:

• Buying out your spouse
  If you’d prefer not to sell your home due to divorce, there are alternative options available. One common solution is buying out your spouse’s share. This typically involves a transfer of equity, allowing you to take full ownership of the property. Your spouse’s name would then be removed from both the mortgage and the legal ownership records. If you have a mortgage, your mortgage provider would need to agree to this and you may need to apply for a new mortgage.
• Offsetting with other assets
  One option to avoid selling your house in a divorce is to offset your spouse’s share of the split with other assets. This means that instead of buying your spouse out with cash, you agree to give them other assets, which could include investments or pension wealth, to balance the division. This is a good option if you are in an asset-rich, but cash-poor financial situation, to keep your home without incurring further mortgage debts. We’d recommend getting an independent valuation and legal assistance at this stage, to ensure that the split is fair for both spouses.
• Getting a mesher order
  A mesher order delays the sale of a property until a certain agreed event, which could include your youngest child turning 18 or the remarriage or death of one of the spouses. A mesher order avoids imminently selling your house in a divorce, and is commonly used when children are still young and living at home, to avoid disruption in their lives.

What if My Spouse Refuses to Sell Our House During a Divorce?

If you and your spouse jointly own your home, you cannot sell the property without their consent. Both spouses must agree to the sale, as joint owners have equal rights and responsibilities concerning the property.

If that consent is unreasonably withheld and your spouse is refusing to sell your home, you may need to apply to the court for an order to sell the property. The court will look into various factors to make their decision, including:

• The welfare of children involved
• Financial circumstances of both spouses (i.e. income, assets, debts, ability to secure alternative accommodation)
• The possibility of a buy out
• The intentions behind original purchase (i.e. family home, investment, inherited property)

We recommend seeking legal advice before commencing court proceedings, as an amicable agreement is typically much faster, less stressful and more cost effective.

Can I Be Forced to Sell My Home in a Divorce?

If you jointly own your home and your spouse wants to sell it but you do not, you cannot be forced to sell your home. Your spouse cannot proceed without your agreement, or a court order.

Generally, a court order is considered a last resort if an agreement cannot be reached, which is uncommon as buying out your spouse, deferring the sale or offsetting ownership with other assets are all viable options to consider. Reaching an amicable arrangement not only helps avoid lengthy legal proceedings but also gives you both more control over the outcome at this already difficult time.

Can I Sell My House Before a Divorce Settlement?

Yes, you can sell your house before a divorce settlement. If the house is solely in your name, you legally can sell it at any time – but if it’s considered a marital asset, doing so without a financial settlement in place can be risky, and your spouse may be entitled to a share of the proceeds.

Remember, if it’s jointly owned, you’ll need written agreement from your spouse to sell your house before a divorce settlement. Although there is still nothing standing in your way of selling before your divorce proceedings come to a close, it’s important to note that it is within your best interests to have complete agreement from both sides before selling to avoid jeopardising your position in the divorce settlement.

If you want to sell your house fast during a divorce, you can get a cash offer on your house today to shorten what can be a lengthy process, especially at this difficult time. The completion of our cash offers can often be done in as little as seven days, which is a favourable option during high-conflict divorces.

How Long Do I Have to Sell a House After a Divorce?

There is no fixed deadline or legal timeframe for selling your house after a divorce. The timeline mostly depends on any court orders, your divorce settlement agreement, personal circumstances and how you choose to sell (e.g. whether through an estate agent, privately or by house auction, for instance).

In the best case scenario, you and your spouse will agree on how the property will be sold. This typically speeds up the process, helps avoid conflict and is likely to reduce legal costs. If you and your spouse cannot agree on an approach to selling your home, this will significantly lengthen the timeline.

It is also worth noting that a delayed sale could affect taxes (more on this later in this guide), and mortgage obligations. We recommend consulting a solicitor or financial adviser early in the process to guide you and help you make your decisions.

Are There Tax Implications When Dividing Property After Divorce?

In some cases, there are tax implications when splitting a property in a divorce.

Capital Gains Tax (CGT)
Typically, you do not pay Capital Gains Tax when you make a gift of an asset to your spouse, as this is said to take place at ‘no gain, no loss’. Under rules introduced in April 2023, the ‘no gain, no loss’ window has been extended to three years, following the end of the tax year in which the couple separated.

However, after this period, any gain from the sale or transfer of property may become liable to Capital Gains Tax, depending on the circumstances.

Inheritance Tax (IHT)
Asset transfers in divorce settlements are typically exempt from Inheritance Tax. However, exemptions to this may apply if one spouse is not UK-resident, potentially affecting how much can be transferred tax-free.

How to Sell a House During a Divorce

If you are in the process of separation, selling your shared home is often a large part of the process. Understanding the steps and expected timelines can make the process more manageable and less emotionally draining. Our experts have put together some simple steps covering the basics; use this as a guide to help you navigate selling a house during divorce.

• Reach an agreement with your spouse

Have an open and transparent discussion about whether to sell, how to split the assets including the house and when the sale should happen given your personal circumstances. Even if the house has one spouse as a sole owner, having an amicable conversation covering these points can avoid complications later down the line.
 

• If you decide you want to sell, decide how

There are many different ways to sell a property, each with different benefits to suit different needs. Whether you favour a traditional estate agent or would prefer a quicker sale via auction, agreement on this is a good next step.

• Get a house valuation
  Whether you decide to sell your home, or you decide that one spouse will buy the other out, getting one or more valuations is key to getting a fair price for your home in a divorce. 
  

• Notify your mortgage lender
  If the property has a mortgage, let your lender know that the home is being sold. They may reach out to you for further documentation, and evidence of court order if needed.
  

• Sort your legal paperwork
  At this stage we recommend getting legal help via conveyancer or solicitor to assist you with the necessary paperwork, and ensure that any documentation is completed on time by both parties.
  
  The paperwork you will need will likely include:
  – Divorce Financial Order or Consent Order (if available) – A legally binding document that sets out the terms of a financial agreement reached between parties.
  – ID and Proof of Address – Required for anti-money laundering checks by solicitors and property buyers.
  – Property Title Deeds – To prove ownership of the home and confirm legal names on the title.
  – Mortgage Redemption Statement – If you have a mortgage, your lender will be able to provide this to show the outstanding balance due upon sale.
  – TA6 Property Information Form – Provides buyers with key details about the property, such as boundaries, disputes, and services.
  – TA10 Fittings and Contents Form – Details what is included in the sale.
  – TA7 Leasehold Information Form (if applicable)
  Required if your property is leasehold, detailing ground rent, service charges, and the lease terms.
  You can find all of the TA forms you’ll need available to download here.

• Memorandum of Sale – A document confirming details of the transaction once an offer is accepted.

Following these steps will ensure that you sell your house quickly and efficiently, as you navigate your divorce.

If you’re looking to speed up the sale during your divorce, consider a speedy auction via Auction House London. Auctions can be especially effective for properties with complications, such as lis pendens or Japanese knotweed.

At Auction House London, we specialise in selling challenging properties and understand the importance of making your sale as quick and stress-free as possible. You can request a valuation for free here, to see if it’s the right route for you and your spouse.